A utilização de maneira irregular das cooperativas e seus efeitos no âmbito trabalhista

Abstract

This study addressed the irregular use of cooperatives and its effects in the labor sphere, with emphasis on the distinction between legitimate cooperative activity and labor fraud resulting from the distortion of cooperative purposes. The objective was to analyze how irregular practices impacted workers' fundamental rights and contributed to the precariousness of labor relations. The deductive method was used, based on current legislation, specialized doctrine, and jurisprudence consolidated by the Superior Labor Court. The results showed that the fraudulent use of cooperatives constituted disguised subordination, depriving workers of constitutional guarantees such as vacation, thirteenth salary, and the Severance Indemnity Fund (FGTS). Jurisprudence recognized the employment relationship whenever fraud was found, reestablishing the legal protection owed to the worker. It was concluded that the irregular use of cooperatives not only violated labor rights but also affronted constitutional principles of human dignity and the social value of work, demanding greater effectiveness in state oversight.